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(영문) 대구지방법원 2021.01.21 2020고단4527
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Anyone who intends to temporarily use a mountainous district in order to develop forest roads, work roads, forest products transportation roads, forest paths, such as mountain trails, forest trails, and similar mountain paths, or to take emergency measures for the prevention of disasters, shall report thereon to the competent authority.

Nevertheless, on June 3, 2020, the Defendant used a mountainous district of approximately 1,205 square meters, such as removing 1,205 square meters around 1, 205 square meters around 1, 205 square meters around 1, 205 square meters around 1, 205 square meters, for the following reasons: (a) the Defendant created a mountain path through which vehicles are able to pass by using a fume fume (1m in diameter and 4m in length) using a fumec, a quasi-Preservation mountainous district, from around the same month to the April of the same month without reporting to the competent authorities; and (b) the Defendant temporarily used a mountainous district of approximately 1,205 square meters, such as where the width of valleys is wide by means of cutting off around bre, breging, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes in written confirmation of land use plans, such as a survey report on actual conditions-location and satellite photographs, the station map of the area damaged by a forest, the content of calculating the amount of damage, the past aerial operator and the field

1. Article 55 subparagraph 2 of the relevant Act concerning the facts constituting an offense and Articles 15-2 and 15-2 (4) of the Management of the Mountainous Districts which are the option of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is deemed to have weak recognition of illegality of the defendant in light of the circumstances where the defendant temporarily used for the reason of sentencing of the sentencing of the provisional payment order, and the punishment against the defendant shall be determined by comprehensively taking into account all factors of sentencing as indicated in the argument of this case, including the fact that the defendant completed the restoration procedure for the damaged forest, the age, sex, and environment of the defendant.

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